No. 22-5036

Raleigh Figueras v. United States

Lower Court: Ninth Circuit
Docketed: 2022-07-06
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-2106 circuit-court-review habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-review objective-standard prejudice strickland-standard strickland-v-washington
Latest Conference: 2022-09-28
Question Presented (from Petition)

1. When a circuit court unambiguously and erroneously applies a
subjective standard in assessing whether a habeas petitioner has
established the prejudice necessary to demonstrate ineffective
assistance of counsel pursuant to Strickland v. Washington, 466
USS. 668 (1984), should this Court invoke 28 U.S.C. § 2106 in order
to summarily vacate and remand the case to the circuit court with
directions to conduct the ineffectiveness inquiry pursuant to the
proper objective standard?

Question Presented (AI Summary)

When a circuit court unambiguously and erroneously applies a subjective standard in assessing whether a habeas petitioner has established the prejudice necessary to demonstrate ineffective assistance of counsel pursuant to Strickland v. Washington, 466 USS. 668 (1984), should this Court invoke 28 U.S.C. § 2106 in order to summarily vacate and remand the case to the circuit court with directions to conduct the ineffectiveness inquiry pursuant to the proper objective standard?

Docket Entries

2022-10-03
Petition DENIED.
2022-07-14
DISTRIBUTED for Conference of 9/28/2022.
2022-07-11
Waiver of right of respondent United States of America to respond filed.
2022-06-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 5, 2022)

Attorneys

Raleigh Figueras
Erin Jolene RadekinLaw Office of Erin J. Radekin, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent